Caution on my property

[NatalieB]

I am about to carry out a remortgage on my house and I have found out there is a caution on my property for about �3000 from 2001.  My husband died last year and it would appear the caution is to do with him.  The original amount was �3000.  Will this have increased over time and is there any way I can have it removed.  The house was in both our names and has now been transferred to my name.  I didnt know about this until now.

[Oneeyedtic]

The effect of the charge is to stop the property from being sold until the charge is paid. Obviously someone had good enough grounds to persuade the Land Registry to take the serious step of registering a charge, To see who it is click here and follow the instructions. You need only to see the Register. Your new mortgage lender will want the charge cancelled so contact whoever the creditor is and make the best settlement that you can. If you do not have the funds increase the mortgage to cover the amount and your mortgage lender will make payment direct to the creditor at the same time ensuring that the charge is removed. If your husband left anything of value notify the executor of your husband's estate of the situation and claim from the estate whatever you settle at plus costs.

[Didwot]

This is probably a caution registered by the Land Registry following a charging order granted by the court to give security for a judgment obtained against your late husband. If so it will only secure the judgment against his equitable interest in the property. If you were joint tenants then his shar will have evapourated upon his death, and you will be the owner of the whole. You say the property has been "transferred" into your sole name. My thyought process is that as your late husband's interest in the property no longer exists then the charging order, and the caution, should go. You can ask the Land Registry to "warn off" the caution. The only flaw in my thoughts would be if granting the charging order "severed" the joint tnenacy. I have not had time to research that, but off the cuff do not think it soes.

[josieann]

I'm surprised you where able to transfer the property into your sole name if there was a caution on the property. You will need to check this with the land registry as to who it is and then get in touch with them.